Electricity (Applications for Consent) Regulations 1990
| Jurisdiction | UK Non-devolved |
1990 No. 455
ELECTRICITY
The Electricity (Applications for Consent) Regulations 1990
Made 5th March 1990
Laid before Parliament 19th March 1990
Coming into force 31th March 1990
The Secretary of State for Energy (as respects England and Wales) and the Secretary of State for Scotland (as respects Scotland), in exercise of the powers conferred by sections 36(8) and 60(2) and (3) and by paragraphs 1(3), 2(3), 2(5) and 3(1) of Schedule 8 to the Electricity Act 19891and of all other enabling powers, hereby make the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Electricity (Applications for Consent) Regulations 1990 and shall come into force on 31st March 1990.
Application
2. These Regulations apply in relation to an application for a consent —
(a) under section 36 to construct, extend or operate a generating station;
(b) under section 37 to instal or keep installed an electric line above ground,
which is received by the Secretary of State on or after the date on which these Regulations come into force.
Interpretation
3.—(1) In these Regulations —
“SSSI” means a site of special scientific interest designated under section 29 of the Wildlife and Countryside Act 19812;
“the 1957 Regulations” means the Electricity (Publication of Applications) Regulation 19573;
“the 1958 Regulations” means the Electricity (Publication of Applications) (Scotland) Regulations 19584.
(2) In these Regulations, unless the context otherwise requires —
(a)
(a) any reference to a numbered section or Schedule is a reference to the section or Schedule bearing that number in the Electricity Act 1989; and
(b)
(b) any reference to a numbered regulation or paragraph is a reference to the regulation or paragraph bearing that number in these Regulations.
Publication of notice of application for consent under section 36
4.—(1) Subject to paragraph (2) below, notice of an application for a consent under section 36 shall be published by the applicant —
(a)
(a) in two successive weeks in one or more local newspapers circulating in the locality in which the land to which the application relates is situated; and
(b)
(b) in the London Gazette, or in Scotland in the Edinburgh Gazette, and in one or more national newspapers.
(2) A notice published in pursuance of paragraph (1) shall describe, by reference to a map, the land to which the application relates, and shall name a place within the locality in which such land is situated where such map may be inspected.
(3) Paragraphs (1) and (2) shall not apply where —
(a)
(a) an application for consent is made under section 36 in respect of the extension of a generating station or of the change in the manner of operation of a generating station which extension or change the Secretary of State considers to be of a minor character; and
(b)
(b) the Secretary of State gives a direction dispensing with the requirements of those paragraphs.
Publication of notice of application for consent under section 37
5.—(1) Notice of an application for a consent under section 37 in respect of the installing or keeping installed of an electric line of a nominal voltage of not less than 132 kilovolts shall be published by the applicant in two successive weeks in one or more local newspapers circulating in the locality in which the land over which the line is proposed to pass or passes is situated or circulating respectively in the several localities in which different parts of that land are situated.
(2) A notice published in pursuance of paragraph (1) shall describe, by reference to a map, the land over which the line is proposed to pass or passes, and shall name a place within each locality in which such land is situated where such map may be inspected.
Service of notice of applications for consent under sections 36 and 37
6. Notice of an application for a consent under section 36 or 37 shall be served —
(a) where all or part of the land to which the application relates is an SSSI, on the Nature Conservancy Council; and
(b) where the Secretary of State so directs, on such persons other than the relevant planning authority as may be specified in the direction.
Objections by other persons
7. Any notice published or served pursuant to regulation 4, 5 or 6 shall state the time (which shall not be less than 28 days from the date or latest date of publication of the notice, or less than 28 days from the date of service of the notice) within which, and the manner in which, objections to the application may be made to the Secretary of State by persons other than the relevant planning authority.
Objections by relevant planning authority
“8.—(1) Subject to regulation 9, where an application is made for a consent under section 36 or section 37, the relevant planning authority shall serve notification of any objection by it to the application on the Secretary of State —
(a)
(a) in the case of an application for a consent under section 36, within 4 months; or
(b)
(b) in the case of an application for a consent under section 37, within 2 months,
of the date of the application, or within any longer period as may be agreed in writing by the authority with both the Secretary of State and the applicant.”
The Secretary of State may, for the purposes of paragraph 2(2) of Schedule 8, disregard any objection not notified in accordance with paragraph (1).
9. Where —
(a) an application is made for a consent under section 37 in respect of an electric line of a...
To continue reading
Request your trial